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2005 (11) TMI 218 - AT - Income TaxExtract: .......cer. But in the present case, the Department is at liberty to file a fresh Miscellaneous Petition through Assessing Officer. 14. In view of this legal situation as described above, we arc of the considered opinion that this Miscellaneous Petition of the Revenue is not maintainable. Hence, the Miscellaneous Petition is dismissed as non-maintainable.
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